Petitioner challenged a tender notification for supply of food grains to hostels and a subsequent interim supply order in favour of another trader. Court disposed of the petitions directing the State to call fresh tenders after elections, allowing current supplies to continue, and clarifying blacklisting requires natural justice.
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NC: 2024:KHC:12754 WP No. 2920 of 2024 C/W WP No. 7756 of 2024 WP No. 7757 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 2920 OF 2024 (GM-TEN)
C/W
WRIT PETITION NO. 7756 OF 2024 (GM-TEN) WRIT PETITION NO. 7757 OF 2024(GM-TEN)
IN WRIT PETITION NO. 2920 OF 2024
BETWEEN:
S.J.ENTERPRISES A PROPRIETARY CONCERN HAVING ITS OFFICE AT E-BLOCK NO.1, ASHRAYA BADAVANE BOMMANAKATTE
SHIVAMOGGA – 577 204 REPRESENTED BY ITS PROPRIETRIX GIRIJAMMA.
Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA
(BY SMT. SHRUTHI S. P., ADVOCATE)
AND:
…PETITIONER
NC: 2024:KHC:12754 WP No. 2920 of 2024 C/W WP No. 7756 of 2024 WP No. 7757 of 2024
BENGALURU – 560 052.
…RESPONDENTS
(BY SRI. K.S.HARISH, GOVERNMENT ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO a) QUASH THE IMPUGNED TENDER NOTIFICATION NO. UUNI/SAKAEESHI/PAVYA/HOSANAGARA/AAHARA SAAMAGRI TENDER/CR.01/2023-24 DT. 06/10/2023 FOR HOSANAGARA TALUK (ANNEXURE-F) ISSUED BY THE FOURTH RESPONDENT AND ETC.,
IN WRIT PETITION NO. 7756 OF 2024:
BETWEEN:
S.J. ENTERPRISES SHIVAMOGGA REPRSENTED BY ITS ROPRIETOR SMT. GIRIJAMMA W/O SHANKARAPPA AGED ABOUT 62 YEARS OCC: BUSINESS, R/O E-BLOCK NO.1, ASHRAYA BADAVANE BOMMANAKATTE, SHIVAMOGGA SHIVAMOGGA DISTRICT – 577 204 REGISTERED UNDER PROPRIETORSHIP CONCERN.
...PETITIONER
(BY SRI. VEERESH BUDIHAL, ADVOCATE)
AND
VIKAS SOUDHA, BENGALURU – 560 001.
SHIVAMOGGA DISTRICT – 577 201.
FOOD PURCHASE COMMITTEE ZILLA PANCHAYATH, SHIVAMOGGA
SHIVAMOGGA DISTRICT – 577 201.
SHIVAMOGGA DISTRICT – 577 201.
…RESPONDENTS
(BY SRI. NAIK VENKATARAMAN NAGAPPA, ADVOCATE FOR C/R5;
SRI. K.S.HARISH, GOVERNMENT ADVOCATE FOR R1 - R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) QUASH THE IMPUGNED SUPPLY ORDER DATED 04/03/2024 BEARING NO. SAKAESHI.NISHEDA SAMITHI/CR-18/2023-24 PRODUCED AS ANNEXURE-D PASSED BY THE R2 BY ISSUE OF
WRIT OF CERTIORARI OR ANY OTHER SUITABLE WRIT OF ORDER OR DIRECTIONS AND ETC.,
IN WRIT PETITION NO. 7757 OF 2024:
BETWEEN
S.J.ENTERPRISES SHIVAMOGGA REPRESENTED BY ITS PROPRIETOR SMT. GIRIJAMMA W/O SHANKARAPPA AGED ABOUT 62 YEARS OCC: BUSINESS, R/O E-BLOCK NO.1, ASHRAYA BADAVANE BOMMANAKATTE SHIVAMOGGA SHIVAMOGGA DISTRICT – 577 204 PROPRIETORSHIP CONCERN
...PETITIONER
(BY SRI. VEERESH BUDIHAL, ADVOCATE)
AND
SHIVAMOGGA DISTRICT – 577 201.
SHIVAMOGGA DISTRICT – 577 201.
…RESPONDENTS
(BY SRI. K.S.HARISH, GOVERNMENT ADVOCATE FOR R1 - R4; SRI. NAIK VENKATARAMAN NAGAPPA, ADVOCATE FOR C/R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) QUASH THE IMPUGNED SUPPLY ORDER DATED 04/03/2024 BEARING NO. SAKAESHI.NISHEDA SAMITHI/CR-18/2023-24 PRODUCED AS ANNEXURE-D PASSED BY THE R2 BY ISSUE OF WRIT OF CERTIORARI OR ANY OTHER SUITABLE WRIT OF ORDER OR DIRECTIONS AND ETC.,
THESE WRIT PETITIONS, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner, who is common in all these petitions, is a
participant in the subject tender for different taluks. Petitioner is before this Court seeking quashment of a supply order dated 04-03-2024 and seeks a direction by issuance of a writ in the nature of mandamus to call for fresh tenders for supply of food
grains, vegetables and other materials to the hostels coming under Social Welfare Department.
W.P.No.2920 of 2024 :
NC: 2024:KHC:12754 WP No. 2920 of 2024 C/W WP No. 7756 of 2024 WP No. 7757 of 2024
learned counsel appearing for petitioner in W.P.Nos.7756 of 2024 and 7757 of 2024 and Sri.K.S.harish, learned Government Advocate appearing for respondents 1 to 4 in all the petitions and Sri.Naik Venkataraman Nagappa, learned counsel for caveator/respondent No.5 in W.P.Nos.7756 of 2024 and 7757 of 2024.
W.P.No.7756 of 2024 :
the petitioner that would debar her from participating in any tender, is passed.
Consequently, pending applications, if any, also stand disposed.
BKP/List No.: 1 Sl No.: 0
Sd/JUDGE
2 issues framed by the court
Whether the tender notification dated 06-10-2023 and the interim supply order dated 04-03-2024 should be quashed and fresh tenders called for supply of food grains to Social Welfare Department hostels
Whether the petitioner could be blacklisted or barred from future tenders without following natural justice.
1 provisions across 1 enactments
S.J. Enterprises (represented by Smt. Girijamma)
State of Karnataka, Social Welfare Department
Deputy Commissioner/Chairman Food Purchase Committee, Shivamogga
Chief Executive Officer/Member Food Purchase Committee, Zilla Panchayath Shivamogga
Deputy Director, Social Welfare Department, Shivamogga
Veerabhadreshwar Traders, Soraba
M.Nagaprasanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
